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Full text of "The question of the credentials of the Khmer Republic at the twenty-ninth session of the General Assembly"

DOCUMENT 



UNITED NATIONS GENERAL ASSEMBLY 

ITEM 3: 

CREDENTIALS OF REPRESENTATIVES 

- 1974 - 



THE QUESTION OF 
THE CREDENTIALS OF THE KHMER REPUBLIC 
AT THE TWENTY-NINTH SESSION OF THE GENERAL ASSEMBLY 




by 



A. Gaffar Peang-Meth 
Press & Information Attache 
Embassy of the Khmer Republic 
. Washington, D.C. 

Delegate of the Khmer Republic 
29th Session of the United Nations 
General Assembly 



FEBRUARY 1975 



1177 

KB 
/<H4 













I . r RULES OF PROCEDURE 
OF 
THE .-GENERAL ASSEMBLY 



The following are Rules 27, 28 and 29 of the rules 
of procedure .concerning the credentials of representatives 
of Merh&er States to the United Nations*.' These appeared in 
mm document A/520/Rev.l2 (1974) : 

vv . . ;;... w - CREDENTIALS 

..... .0.: ■>"■' Rule 27 .. ... .".. 'tv- 

The credentials of representatives and the-; 
names of. members 'of.. a delegation shall "be submitted 
•,,.. to. the Secretary-General if possible not less than 
, , _■• -.one -:^eek be f or e the opening of the session. The 
^.credentials .shall be -issued either by the Head of 

State " ! 6r Government or by the Minister for Foreign 
' r Af fairs. l ' ■■■ 

CtitdZYVbLaJU Committed 

Rule 28 ;' -■ r 

A Credentials Committee shall be appointed at 

the - : beginning of each session. It shall consist of 

^ ■ nine members, who shall be appointed by the General 

Assembly on the proposal of the President. The Com- •*•< -'-"-- 
mittee shall elect its own officers. It shall 
examine the credentials of representatives and re- 
port without delay. : 

5ii Z ^ PstovAA-tonaZ admUsZon to a boAbLon 
''X\-- ;UJU Rule 29. - : 

Any representative to whose ,a€faissiQii : alMeittber \^^-^ .' 
has made objection shall be seated provisionally 1 ^ !. ? 3^ : *- ! ;' 
with the same rights as. other representatives • until : - '■ y; 
the Credent iais. Committee has reported and the Gene- 
ra irai Assembly has given its decision. 



i n 



2 - 



II . FIRST REPORT OF THE 
CREDENTIALS COMMITTEE 



OPENING OF 29TH SESSION 



" " "I declare open the twenty-ninth regular session 
of the General Assembly," pronounced His Excellency Leopoldo 
Benites, Chairman of the Delegation of Ecuador and Temporary 
President of the General Assembly, officially opening the 
29th Session of the General /assembly on Tuesday afternoon, 
September 17, 1974. 



APPOINTMENT OF .CREDENTIALS COMMITTEE 



Following the opening of the 29th Session of the 
General Assembly by the Temporary President, a minute of 
silent prayer or meditation, and a shorty address by H.E. 
Benites, the Temporary President proposed. for the Assembly's 
approval, the composition of the Credentials Comraittee in ac- 
cordance with Rule 28 of the rules of procedure: 

1. Belgium :■-.-■-. 

2. China 

3 . Costa Rica 
4o Philippines 
5 • Senegal 

6„ Union of Soviet Socialist Republics 

7. United Republic of Tanzania 

8 „ United States of America 

9. Venezuela 

As this proposal met with no objection from the 
Assembly, it was so decided that the above-mentioned countries 
became members of the Credentials Committee "to examine the 
credentials of representatives and report without delay* n 



FIRST REPORT 



On September 27 ,1974, at its 64th meeting, the 
Credentials Committee rendered its ^ir^st decision on the cre- 
dentials of representatives. On September 28, 19 74, the Com- 
mittee submitted its first report to the General Assembly 
(document A/9 779) . 



- 3 - 



III. SECOND REPORT OF THE 
CREDENTIALS COMMITTEE 



_ On December 12, 1974, the Credentials Committee 

j!|f£ld; its 65th meeting to consider the credentials of repre- 
sentatives to the 29th Session of the General Assembly, On 
December 13 > 1974, the Credentials Committee, under the 
leadership of H.E. Alejandro D. Yango ,* Deputy Permanent 
, Representative of the Philippines to the United Nations sub- 
mitted the Second Report for the consideration of the General 
Assembly (document A/9 779/Add.l) . 

j:;\ The report indicated that the credentials from all 
'but two Member i States had been received? the Maldives were 
, nqt represented at the present session, so had submitted no 
credentials, and Peru's delegation had submitted only a pho- 
tocopy of the original, credentials, as the originals had been 
^del^yed by postal difficulties. 

The Chairman of the Credentials Committee sugges- 
ted the Committee accept the credentials as submitted to the 
Secretary -General and, as an exceptional measure, accept the 
credentials of Peru provided that the formal credentials be 
forwarded soon. 

Subsequently, there was debate on the admissibility 
of the credentials of the representatives of the Khmer Repub- 
lic. 



DISCUSSION IN COMMITTEE 

SENEGAL; REJECTION OF CREDENTIALS OF TUB KKL1ER REPUBLIC 

His Excellency Medoune Fall argued that General 
Assembly resolution 3238 (XXIX) of November 29, 1974, recog- 
nised l5 two parties to the conflict" "claiming -lawful rights 
in Cambodia," thus, the Government of the Khmer Republic was 
not the only representative of the Cambodian people. H.E. 



'*' The Credentials Committee was originally headed by H.E 
Jose D. Ingles, Under-Secretary for Foreign Affairs and 
Vice-chairman of the Filipino Delegation*. Due to his du- 
ties at home II » E. Ingles left the United Nations and H.E. 
Yango was elected unanimously on December 12 to succeed 
H.E. Ingles as Chairman of the 1 Committee. 



- 4 - 

Fall pointed out that in that resolution, against which his 
delegation had voted, the Assembly had made a decision "not 
to press for any further action until Member States have an 
opportunity to examine the report of the Secretary-General" 
at the 30th Session of the ^ssernbay, 

H.E. Fall concluded that the Credentials Committee 
could not and should not take any decision on the credentials 
of the Government of the Khmer Republic before the Secretary- 
General 's report next year. 

C&INAs -.. XCBEflENTIALS OF THE KHMER REPUBLIC * WERE "COMPLETE!^ 

nul l amd m£E> " ~ T~ ; ■ ..:-.-..= < — ~~~~ — = — ■ - .,,:, : ;. : ;' : ;: 

China's delegate A^ iChih-yuan declared that. the • 
Moyal Government ;of National UnicMrof iCambodia (RGNUC) was m- 
the sole lawful government of Cambodia and the only authentic 
representative of the Cambodian people. He asserted that the 
IIGMUC controls. 90% of the territory and 80%, of the population 
of ..Cambodia I and is recognized by, -more, .than .-,€.0: countries. -r He: 
stressed rthat it was "utterly illegal," -for -the Government of 
the^Khmer Republic "to usurp Cambodia's r.seat in the United 
Nations/' hence, its credentials ■ tere "completely null and ^ 
void. " ; -> . ■ ; f; ^ 

BELGIUM; CREDENTIALS, OF THE JKISflER REPUBLIC WERE IN ORDER 

Belgian delegate, Patrick Nothomb argued that the 
function of othe Credentials Committee was to consider ./wfoether 
credentials of representatives to the United Nations General 
Assembly had in fact been signed by the Head of State or 
Government -or the Minister for Foreign Affairs. The Committee, 
he said, does not have the right to discuss substantive mat- 
ters* ; r 

The Belgian delegate pointed out the credentials 
of the representatives of the Khmer Republic were in order. 

TANZANIA; RGNUC WAS SOLE LEGITIMATE REPRESENTATIVE OF CAMBODIA 

His Excellency Salim A. Salim, Permanent kepres^ri- 
tative -of the United Republic of Tanzania, declared that Sene- 
gal B s proposal ^ras "sensible anci absolutely logiqal. " ; , ; He. 
argued « that if or the ^Credentials Committee to ... take action on- 
the credentials.' of the representatives of the so-called^Khmer 
uepublic would be to contravene the "spirit if not the letter" 
of the Assembly's resolution 3238 (XXIX) by "giving legitimacy 
to a regime when the resolution says there are two claimants . " 
H.E. Salim argued that the Royal Government of National Union 
of Cambodia is the sole legitimate representative: of Cambodia. 



- 5 - 



COSTA RICA; FUNCTIONS OF CREDENTIALS COIiMITTEE ARE NOT TO 
DISCUSS MERITS OF GOVERNMENTS 

His Excellency Fernando' Salazar Wavarette, Perma- H 
nent Representative of Costa Rica to the United Nations told 
the Committee that its functions were to examine credentials 
and to report on them to the General Assembly, and were not, 
to discuss "any" proposal on the merits of governments., Any 
discussion on "whether we like a government or not" was put t 
side the Committee's functions. 

USSR; CREDENTIALS OF THE i KHMER REPUBLIC: -COULD NOT BE ACCEPTED 

Soviet delegate Vladimir B. Tulinov told the Com- 
mittee : that, the Soviet Union had consistently favoured the res- 
toration qf: the -lawful rights of the RGNUC and found that; Sene- 
gal' s proposal was fi well ' fourided. w Mr. Tulinov declared .that 
the credentials of the representatives of the Khmer Republic 
could not be accepted. V; 

USA: Ci^DENTIALS OF THE KHMER REPUBLIC WERE UNCHALLENGEABLE 



U.S., delegate Uilliam E. Schaufele, Jr. told the 
Committee that the credentials of the Khmer Republic were un- 
challengeable and that the interpretations given by Senegal 
and Tanzania to the Assembly ' s resolution 3238 (XXIX) were,^ 
unacceptable. He pointed out that the resolution did not give 
the Secretary-General any authority "to judge the legitimacy 
of either party" and that the last paragraph of the resolu- 
tion, applied only to the agenda item and not to the credent -..- 
tials. : .,..: r . ;.'.,■;;! ,. -: 

SENEGAL: "DON'T FORCE US TO REOPEN THE DEBATE " 

The Senegalese Representative told the Committee 
that the last paragraph of resolution 3238 (XXIX) * was also 
applicable to the work of the Credentials Committee and that 
under that same resolution the Committee could not accept the 
credentials of the representatives of the Khmer Republic. 
"Don't force us to reopen the debate,^ he said, "we must im- 
plement the resolution / 32 38 (XXIX) _A and in so doing, it 
is not possible to accept the credentials of the Khmer Re- 
public. " 



The : lastt paragraph of resolution 3238 (XXIX), i.e. para- 
graph 3 says: "VzcidzA not to phz&& fak any fojJitkzK action wntAJL 

Memfae/L Statzb have, an oppotutunity to nxaminz thz rmpoKt o£ tht 

SzateXa/iy-GmojiaZ. " 



- 6 - 



COSTA RICA: RESOLUTION 3238 (XXIX) HAS NOTHING TO DO WITH 
THE FUHCTIQiTS OF THE COMMITTEE' ' ~~ 

H.E„ Fernando Salazar Navarette told the Committee 
that the purpose of resolution 3233 (XXIX) was not to alter 
the functions of the Credentials Committee as set out in Rules 
2 7 and 23 of the rules of procedure. ^ 



DRAFT RESOLUTION OF CREDENTIALS COMMITTEE 



^ Following a procedural debate, the Chairman of.tne 

Conmilj; tee , taking into consideration Senegal's viewpoints, 
proposed the following draft resolution for adoption: 

The Credentials Committee , 

Having exwnined the- case o{ those representatives £or whom 
credentials in the &orm required bij rate 11 oi the%ulejs o& procedure 
had not been received at the time o£ its &irst report, 

U Accept aA an exceptional measure the credentials re- 
ceived ior the representatives o$ Peru, it being understood that the 
formal credentials will be forwarded as soon as possible; 

2. Decides . , in accordance with resolution 3238 (XXIX), to 
take no^ decision in so £oa as the credential* o& the representative* o& 
the Khmer Republic are concerned, since there are two contending parties 
claiming lawful rights in Comb odia; 

. 3, Accepts tlie credentials o{ ail representative o£ the 

remaining Member States which have been received since the date oi the 
iirst report o i the Committee ♦ 



VOTING 



The U.S. Representative requested separate votes 
on each; operative paragraph of the draft resolution. 

'THei Senegalese Representative declared that he 
could accept the draft resolution as a whole biit with the 
American proposal for separate votes, he would' propose the 
rejection of the credentials of the representatives of the 
Khmer Republic. 

The ..; American proposal to have separate votes was 
adopted by 5 votes to 4. — - 



- 7 - 



The Senegalese Representative quickly proposed 
that operative paragraph 2 be amended to include the Com- 
mittee's rejection of the credentials of the representatives 
of the Khmer Republic, He pointed out that in the Assembly's 
resolution 3238 (XXIX), there were two contending parties 
claiming lawful rights in Cambodia. 

The Tanzanian Representative told the Committee 
that if the Senegalese proposal regarding paragraph 2 was 
not adopted, he would then ask the Committee to add "with 
the exception of the credentials of the representative of 
the so-called Khmer Republic "at the end of paragraph 3. 

PARAGRAPH - . 1. '" . . * ■ . -; • ^ ; - . " [ \ I \<: V« : 



The Chairman vtffifri asked the Committee to vote on 
operative paragraph 1* 

- J-;- r ' ■ \ \ Operative paragraph 1 was adopted unanimously . 
PARAGRAPH 2 



At the request of Venezuela, the Credentials Com- 
mittee chopped paragraph 2 into two parts for separate votes 

). i^;;; v Part One, r, Vccidt6 9 In accordance with *£6 elation 3238 

\(XXTXf:y to take no decision JR ho fan o6 the oAcdcntiaiA oi the nepne- 
AmtativcA o^ the Khmer Republic otic concerned," 

Part Two, "Since there a/te two contending paktieA clam- 
ing lawful flight* in Cambodia." ^ ; '^"^V*-*^ 

Part One of paragraph 2 was rejected by 4 votes 
(Belgium, Qostea Rica, Philippines , United States) to 3 
(Senegal, JJSSRy Tanzania) , with 1 abstention (Venezuela) 
and one delegation not taking part in the voting (China) , 

The Chairman then invoked rule 130* of the rules 



* Rule 130 states 



When an amendment is moved to a proposals the 
amendment shall be voted on first. When two or more 
amendments are moved to a proposal 9 the committee shall 
first vote on the amendment furthest removed in subs- 
tance from the original proposal and then on the 



- 8 - 



of procedure and announced that it was not necessary to vote 
on Part Two of the paragraph. 



PARAGRAPH 3 



Operative paragraph 3 as amended by Tanzania/ 
which would have added the words S9 with the exception of the 
credentials afothe representatives of the so-called Khmer 
Republic , " was rejected by 5 votes (Belgium, Costa Rica , 
Philippines, United States, Venezuela) to 4 (China, Senegal , 
USSR, Tanzania) r rf .^: '; ;:"- .-,..•: -> r , ^ __' ■..;.,.■ ,v "' 

Following the rejection of the Amendment proposed - 
by Tanzania, the Committee proceeded to vote on operative ;> ! 
paragraph 3 of the original draft resolution. 

r The^original paragraph 3 was adopted by 5 (Belgium , v j 
Costa Rica, Philippines/ Ohited, States, Venezuela) to 3 
(China, Senegal, Tanzania) with one abstention (USSR) .. 



DRAFT RESOLUTION AS A WHOLE ; 



The draft resolution as a whole (paragraphs 1 and 
3) was then put to a vote. The result was 5 voted for (Bel - 
gium, Costa Rice*., Philippines, United States, Venezuela), 1 
voted against (China) , 3 abstained (Senegal, USSR, Tanzania ). 

EXPLANATION V 0F: VOTES IN COMMITTEE 

His Exceii&ncy Dr. Adolf o R. Taylhardat, Deputy 
Permanent Representative of Venezuela explained that he had 
requested^ a reparation of the vote on the original operative 
paragraph 2 tBe<gause he was impressed by the argument of Se- 
negal andiTdn^MhiX .regarding the consequences of the Assembly's 



1 . ; i 



amendment nekt furthest removed therefrom, and so on 
until all the amendments have been put to the vote. 
Where, however, the adoption of one amendment neces- 
sarily implies the rejection of another amendment, 
the latter amendment shall not "be put to the vote. 
If one pr more amendments are adopted, the amended 
proposal; shall then be voted upon. A motion is con- 
side red, an amendment, to a proposal if it merely adds 
to, deletes from -or revises part of the proposal. 



- 9 - 



resolution 3238' (XXIX) for the works of the Committee. But, 
he continued, §ince he had not sufficient time to give due 
consideration to the implications of the Assembly's resolution 
in this connection, he had asked for a separate vote on that 
part so that he could abstain, . - :3 

u ,, :; China's delegate An Chih-yuari explained that he 
votec3/against the draft resolution /as a whole because of the 
Committee's Rejection of the Tanzanian amendment. He stres- 
sed that while China rejected the credentials of "the Lon Hoi 
clique, 13 China was in favour of the acceptance of other cre- 
dentials . 

His Excellency Fledoune Fall of Senegal declared 
/t;li^t Senegal had abstained on the whole draft resolution be- 
"caupei it-wante;d ,to show its rejection of the credentials of 
^he ft Khmer- Republic. He asked that the Committee's report 
would-include all the views of all the members . 

The Legal Counsel, Erik Suy declared that the Com- 
mittee's report would reflect the views of all members. 



FINAL TEXT OF THE DRi*FT- RESOLUTION ADOPTED 
BY THE CREDENTIALS COMMITTEE" 



This following is the text of the final resolution 
adopted by the Credentials Committee. The text and the Se- 
cond Report of the Committee A/9779/Add.l were submitted to 
the General Assembly for approval. 

The Credentials Committee. , 

Having examined the ca6e 6$ thobe lepieAentative* £oi 
whom credential* in the, \fywm required by rule 27 oh the rliluol pro- 
cedure o{ the General AMembly had not been received at tht torn oft 
iU hin&t mpdht? J7; 

U Accept , 06 an exceptional mea&u/ie, the. cfii^entiaZk 
received ion. the representative* o£ V<iru p it being understood that 
the formal credential* will be horwa/cdg.d. a* boon a6 possible; 

21 Accept* the credential* o& the remaining Member State* 
which have been deceived since the date o£ the &iMt report oh the 
Committee. 



- 10 - 

;; IV . GENERAL ASSEMBLY DEBATE 
^ , -j ; ON SECOND REPORT OF THE 
:}tii '< CREDENT I ALS,; COMMITTEE 

'^vGfej^onday morning of December 16, 1974 , the General 
As sembly* was .convened to discuss agenda item 3, entitled 
"Credentials L pf Representatives to the Tv/enty^Ninth. Session 
of th^-:Ge^er%X^ssetoiy^ ; Second 'Report- of the Credentials 

Committee iA/§779/Ad6:i) . ^ .. *''^;K?' c 

His Excellency Alejandro D* Yango, Chairman of the 
Credentials;; Committee, presented the Second Report of the 
Committee :tq; ; the / As sembly for consideration and gave a brief 
account of the situation concerning the credentials of re- 
presentatives to the /29 th Session of the Assembly. Then he 
proposed s f I have the' honour to present to the General As- 
sembly for its approval the following draft resolution":' 

The GmzKaX! A^-6 zmbly, 

kppnovd* ttiz tzcond Kzpont o£ tkz CnzdzntiaU CommXtzz. 

The General Assembly President, His Excellency 
Abdelasiz Bouteflika, iii- calling; .for the opening, of the de- 
bate on the Second Report, urged speakers to" confine them- 
sel^e# to jessentials matters" because "the Assembly has 
already had? a far-reaching debate on this subject." 



DEBATE 



SYRIAN ARAB REPUBLIC; AM AMENDMENT 

His Excellehcy Dr. Haissam Kelaiii, Permanent Re- 
presentative of this Syrian Arab Republic' told the Assembly 
about his views of the Lon Nol Government: 

%' : 'X That puppet Government now controls less 

than 10 per cent of Cambodian territory inhabited 
t a by about 15° per cent of ,th^ Cambodian people. 

; i^f'hus the Lon Hoi Government continues to be un^ 
;#> -; representative of the Cambodian people... 

While speaking of the illegality of the Lon Nol 
Government and the illegality of its representatives in the 
General Assembly, H„E„ Kelani reminded the Assembly of its 
resolution 3233 (XXIX) which recognized the fact that there 
are two rival parties in Cambodia, and which recommended no 



- 11 - 

1 

decision should be taken in favour of either party until 
the General. Assembly" has considered the matter at the thir- 
tieth session. "The logical sequence would be to reject 
the credentials of the representatives of the Khmer Repub- 
lic," he added. 

H.E. Kelani then proposed that the following 
words be added at the end of the draft resolution put forth 
by the Chairman of the Credentials Committee and requested 
that his amendment be put to a roll-call vote; 

With the exception oi the, credentials 
t; : . -■■•(.;. .: °i &£ lepieAentativeA o& the £>o-cailed 
. ; ; Khme/t Republic* 

SEHEQALs ej riY DELEGATION SUPPORTS THE DRAFT AMENDMENT " 

His Excellency Medoune Fall, Permanent Represen- 
tative of Senegal recalled resolution 3238 (XXIX) as having 
two major features s 1) "it does not recognize that either 
party... has the exclusive privilege to represent the coun- 
try 11 and 2) -it decides not to press for further action.,." 
Based on these facts, IKE. Fall explained, Senegal proposed 
in the Credentials Committee to postpone a decision on the 
credentials of the so-called Khmer Republic. However, he 
said, t^heUnited States, "if ndt the father? at least the 
midwife 'q^ that resolution 1 " opposed his proposal, 

;- ..■■■■M.S. Fall then asked; the Assembly to take notW of 
the fact that in resolution 3238 (XXIX) ho' reference wa^ : 
made to the right of the lion Neil tibvernmemt to represent: 1 
th^ Cainbpdian people in the General Assembly (he cited para- 
g£3Ph 1 and paragraph; 3 of the resolution). 

The Senegalese Representative argued that the As- 
sembly's decisions must be respected, "But if we are to 



* The Syrian amendment under document A/L„757 of December 
16, 1974 .reads? 

The General A&&zmbJbj s ' 

Approve* the second Kepont o£ the Credential* 
ComnuXtee, zxco.pt with regard to the credervUaU 
.,... i; -.,,. oi the representative oi the Ao-caJUed Khmek 

,./ * ' Republic. ? '. : ■■■-■'■.'■' 



- 12 - 

proceed to change our decision for some extraordinary 
reason, then, we should do it in accordance with rule 81 
"'-** that is, we must take a decision by a two-thirds 
majority on whether- it is appropriate to reconsider 
paragraph 3 of resolution 3233 (XXIX), 1 ' he addedo And he 
cited Rule 81 of the rules of procedures 

"When a proposal has been adopted or 
UJJ ; ; rejected, it may not b.e reconsidered at the 
/ ... : same session unless the General Assembly, 

by a two-thirds majority of the members,. ' ..... 
present and voting, so decides. 

His Excellency Fall concluded .that: "The draft 
resolution which the Chairman of the Credentials Committee 
had just introduced, calls on us to reconsider our vote on 
paragraph 3 of resolution 3238 (XXIX) .. -We believe that this 
is hardly a businesslike approacn . . . " The Senegalese Repre- 
sentative then added that his delegation supports the Syrian 
-draft amendment. ,-. 

- ALBANIAN "THE REPRESENTATIVES. OF TH E LON NOL CLIQUE SHOULD 
BE EXPELLED '',, — ~~ ~ " — -*— 

" Albanian Permanent Representative, His Excellency 
Rako Naco ^expressed his delegation's whole-hearted support 
for the Syrian draft: amendment , and pointed out that the 
RGNUC "controls more than, 90 = per ( cer^t of the territory of 
the country, and 85 per cent of the population of Cambodia 
lives ift^orves-unaaccits administration. More than 62 coun- 
tries maintain diplomatic relations with that Government." 

The Albanian Representative condemned the United 
States for its .attempts through . "manoeuvres, manipulation 
and pressures of all kinds" to impede "the achievement of 
•the legitimate: aspirations and rights of the Cambodian people" 
including 5 the Seating of the ...fiGNUC in the United Nations, 
He continued s 

Furthermore, the Soviet socialist imperialists 
- r - ioarfe playing the role of false .friend to the Cam- 
bodian people, while in various ways they maintain 
relations with the Phnom Penh clique. 

The usurpation ,of the seat of Cambodia in the 
United Nations by a clique of traitors enjoying 
the direct support of the United States is a flag- 
rant violation of th§ principles of the Charter 
that are the foundation of the United nations, and 
constitutes a grave precedent in the activities of 
our Organization, All peace-loving peoples and 
countries demand that this situation be brought to 



13 - 



an end as soon as possible since it openly com- 
^ : promises the name of our Organization. The re- 
presentatives of the Lon Nol clique should be 
expelled from the United Nations and the repre- 
sentatives of the Royal Government of National 
Union of Cambodia, led by Norodom Sihanouk , 
should be called upon to occupy their rightful 
seat here. 

KHMER REPUBLIC: "WE WELCOME WITH SATISFACTION THE CONCLUSIONS 
OF THE SECOND REPORT " -s 

Khmer delegate Or Kossalak expressed satisfaction 
witl? the Second Report of the Credentials Committee and said 
"we shall vote in favour of the adoption of that report." ... 
He continued; 



Mr, President, responding most respectfully 
to your appeals for dignity in our debates on this 
serious problem of war and peace, I shall refrain 
from replying to the unjust allegations made by ., - 
some delegations against the representatives of 
Cambodia, recognized by the United Nations since ; 
9 October 1970 as having the new name "Khmer Re- 
public." I should simply like to stress that the 
Khmer Republic was duly represented at the twenty- 
fifth, twenty-sixth, twenty- seventh and twenty- 
eighth sessions of the General Assembly, not to 
mention the special sessions and international or 
regional conferences held under the aegis of the 
United Nations.. . ,-.. The credentials of its, represen- 
tatives were always accepted as valid. : ; v 

I do not think it is nfecessary to dwell on 
the Khmer representation in this Organization since 
18 March 1970, the date when Norodom Sihanouk was 
legally stripped of his, powers by the Khmer Par- 
liament. The archives of the Secretariat contain 
correspondence and official documents of the Se- s 
curity Council and the General Assembly relating " 
to the events in my country which demonstrate the 
development and continuity of Khmer representation, 
in; the United Nations. Among those documents I 
would venture to refer to the text of a communique 
published on 6 April 1970 by: the United Nations 
Secretariat to the effect that U, Thant, then Secret 
tary-General, on the basils of practice and on the *\ 
advice of the Legal Department, had decided to deal 
with the authorities effectively controlling the 
Government of Cambodia — in that case, the Govern- 
ment headed by the current President, Lon Nol. This 
is the text of the communique: 



- 14 - 

A telegram hcu> been received irom Prince Sihanouk 
whxch raUe* constitutional. and legal problem which may 
have an 1 Influence, on question* concerning the cAe:dentlal* 
^i^^9*^owA.-"--;Tifie4^.que6*co*iA are not decided by the 
Secretmiat o& the United Nation* , but, when the problem 
arose*, by tixe ma:jor deliberation bodle* o£ the Geheral 
Mtembly. Until we deceive Instruction* {/torn the*'e y ho- 
die*, the normal practice In the Secretariat ha* b£eh to 
deal with the authority clearly In control o£ the Govern- 
... ment o& a Member State. 

The Khmer delegate told the Assembly that "attempts" 
and manoeuvres" to reopen the debate on the substance' of the^ 
matter, ana to'teject the Khmer Republic 1 s credentials "serve 
only to disturb t^ process of__peace making recommended by 
that resolution / 32 38 (XXIX) _/ and, as a consequence/' to 
prolong the sufferings of the Khmer people, which all of ufe- 
here would like to see ended as soon as possible." 

INDONESIA: ■ "LET US MAKE A CONC ENTRATED EFFORT TOCTTKPft FOR 
THE RESTORATION OF PEACE IK CAMBODIA 7 ^ i~ ' 

;His Exeellenoy Chaidir Anwar Sani, Permanent Repre- 
sentative of Indonesia reminded the Assembly that the Assem- 
bly had considered the credentials of the Khmer Republic f s 
;. representatives four times already, and each time it had con- 

firmed them. He then told the Assembly that the Khmer Cre- 
dentials were in order: 

- The question now is whether those credentials 

■conform to the terms; of. rule 27 of the rules of 
procedure of the General Assembly; whetfter they 
are issued, in the proper form by the Head 1 6'f State 
or Government or by the Minister for Foreign Af- 
fairs of the. Khmer Republic, The Credentials 
; Committee has found the- credentials to be in good 

- < order and my delegation sees no' reasba why the 
-General Assembly should not confirm* the ; decision 
of the Credentials Committee. My delegation cer- 
- taihly- sees, no reason why the General Assembly 
■<-r- ■■=' should b^. pressed into debating the question of 
j: Cambodian: representation all over again.. My dele- 
gation for; its part, has no intention of doing so. 
In our view we have concluded the debate tin that 
: , -'^rdteTii. - >-';■ ; : ■ 

H* E Anwar Sani then made the following appeal: 

Ioshould have liked to appeal to my friends 
to allow the Assembly to adopt the report of the 
Credentials Committee, as it stands arid to v/itn- 
hold; their arguments which have a beariri§ y 6n the 



- 15 - 



, . v -.substance until next yea.&/. when the General 
\^/^\^', t \r ^J&serxbXty-wlil again discuss the question of 
; _ : Cambodia. Let them register their reservations, 
'7 ;But since they have introduced an amendment to 

: , the t report of the Credentials Committee my dele- 
gation will vote against, that amendment. Perhaps 
by the time the General Assembly meets for its 
thirtieth session a splution will have rbeejR^found 
r which will make a renewed 7^bftfrontati0n Between 
friends unnecessary ft My "delegation contemplates 
the possibility of a ; combined effort to bring to 
an ; end the f - fighting ip^Cambodia arid the tragic 
,.,, if p ( ■.-.: . sufferings* of the Khmer people, on the basis', pf 
:, ~'-'-\'A ,i .reso:lutioft r 3238 (XXIXJ ,-. Let us make a cojicen- 
I: : trated effort together for the restoration of 
r peace in Cambodia. 

SAUDI ARABIA:, "I CAN LOOK Y0]3 STRAIGHT IN THE EYE AND TELL 
YO UU «u. THIS, £& HOT THE WAY TO f DO- THINGS" P. 

,. , His Excellency Jamil M, Baroody, Permanent Repre- 
sentative of Saudi Arabia declared that ''the Credentials 
Committee is only a formal , 'technical committee" and "has 
nt> right whatsoever to render any verdict on letters of ac- 
creditation aside from the formalistiQ verification of the 
authenticity of the S%fia tires appearing on the accreditation 
documents submitted by the' /Governments of Member States." 

H.E. Baroody recalled that it was only in 1970 
that the Credentials Committee began to "scrutinize the 
validity, or lack of it" of Member States' credentials as 
a consequence of the "displeasure nftany of us felt at the 
policy qf apartheid practiced by South Africa . fi He said 
that discussion in the' f Cr;ed4nt;la^s Coimfiittee on whether a 
Member . State has a de fad to or a de jure- Government since 
1970 "have been out of order and a waste of time* 1 ' 

The Saudi Arabian Representative stated that if 
any State, wishes to open t up question on whether Cambodia 
should be, represented by' the- RGNtJC or the Government of 
the Khmey.., Republic ih ; the United Nations, it could refer 
the question to the Sixth Committee. Then he continued: 

My good friend from Senegal , I can look you 

straight in the eye and tell you. that :: |&tft^ 
you mean well, just as others m£ah well, this xs* 
not the way to do things..,, 

You cannot make of < the Credentials Cbrnmittee 
a body of jurists, I repeat; and therefore all 
the discussion on this question has been out of 
order — out of order. You are frittering away 
the .time of the Assembly. 



- 16 - 



I am sorry , Mr. President, that I have taken 
so much time, but there, must be parting of the 
Ways. We cannot go ; on like this year in, year 
dut. And you, Mr. Secretary-General, are my wit- 
ness.. \ If you do, and I am here, X will raise hell 
again. ;; Hell — maybe it's a good place because of 
the shortage of fuel these days. :_■ . -;\ 

LIBERIA: "MY DELEGATION FULLY SUPPORTS THE REPORT OF THE 
CREDENTIALS COMMITTEE " ~ ~~. v -. t ',. 

Liberiah delegate Christopher Minikon told the 
Assembly th&t his delegation is, fully aware of arguments 
that since there are two rival parties claiming lawful rights 
in Cambodia, no action, should be t^aken on the- credentials of 
the representatives o£ the Khmer ^epublie. He added: 

That argument, in the opinion of Liberia, 
does not appear to bear any, relevance to the , 
matter of the validity of credentials, since 
the essential, elements with respect to the. cre- 
dentials of representatives , , is" th$t tfeey \ id^n- 
tify the representatives, and thatothe documents 
; in question be issued by the HeadrofrState -or o= 

\ Government or the Minister for Foreign Affairs. 

I The credentials of the .representatives of the 

li \ Khi^eir Republic obviously. 'fulfill thes§ 'require-^ 

. mentis, thus prompting the Credentials Committee 
| to ^include then among other credentials as being 

valid, r . . * ; : t ; 

In international gelations, the question of 
recognition of the Government of a Member : State i 
ij does not arise when it comes to the matter of the 

I credentials of representatives $t international 

Ij conferences. The status of thp Khmer Republic as 

a Meinber State of the General Assembly is in no 
way 'affected by the request made to the Secretary- 
General to lend appropriate assistance to the twp 
contending parties claiming lawful rights In Cam- 
bodia, as this question falls. within another cate- 
gory of items being considered by the General As- 
sembly.- For all these reasons, ,my delegation fully 
supports the report of the Credentials Committee. 

CHINA: "THE BANKRUPTCY OF THE RESOLUTION CONCOCTED SINGLE - 
HANDED BY THE UNITED STATES " "™~*~ 

Chinese Permanent Representative Huang Hua told 
the Assembly that the RGNUC "has obtained firm support from 



- 17 - 



the broad masses of the Cambodian people at home and exten- 
sive international recognition." ■ ^:^* 

"The essence of the Cambodian question lies in a 
supers-Power' s wanton subversion and aggression against a 
third-world country which pursued a policy of non-alignment , 
and its illegal deprivation of the rights of the lawful 
Government / RGNUCY- of this country iri the United Nations," 
His Excellency Huang Hua added.- i 

H.E. Huang Hua further stated that Prince Sihanouk 
"issued a statement on 28 Movember, strongly condemning atnd 
solemnly rejecting the so-called resolution / : 3233 (XXIX)_/ 
manufactured and forced through the General Assembly by the 
United States single-handed." "This," he said, "had declared 
the bankruptcy of the resolution concocted single-handed by 
the United States." 

The Chinese Representative declared that China 
does not object to the credentials of other representatives 
referred. to in the Second Report but called for the rejection 
of the credentials of the "Lon Nol clique" and issued firm 
support for the Syrian amendment. 



V. VOTING 



At this point, General Assembly fiouteflika called 
on the Assembly to render its decision on the Second Report 
of the Credentials Committee (A/9779/Add.l) . He cited the 
draft resolution orally presented by the Chairman of the 
Committee and the amendment made by Syria. 

The Senegalese Representative made a : formal pro- 
posal to ask the Legal Counsel to give his interpretation 
of Rule 81. 

H.E 4 . Ivor Richard, Permanent Representative of 
Great Britain stated that he concurred with the Senegalese 
request to seek legal advice on the effect Rule 81 has on 
the draft resolution moved orally by the Chairman of the 
Credentials Comrrtittee, and asked that legal advice be sought 
also on whether or not Rule 81 applies to the Syrian amend- 
ment seconded by Senegal:. 

The Legal Counsel, Erick Suy, gave his legal 
opinion as follows: 



- 18 - 

) .t? 1) The- adoption pf the Second Report, of the Creden- 
tials Committee does not mean reconsideration of resolution 
3238 (XXIX) . The adoption would entail the acceptance of 
the credentials of the Khmer . Republic and would maintain the 
de ;f actO : situation, This could not be regarded as "further 
; act;ion„" ror - v ..- ;-•.-.'■ >* 

\^j ; v2)i: The -Syrian amendment must be viewed in the 
light of paragraph 3 of resolution 3238 (XXIX) . The 'adoption 
of that amendment would mean that the Assembly was taking no 
-measures on the credentials of the Khmer Republic. The 
Syrian; amendment would not require two- thirds majority pro- 
vided, in Rule 81 „■ ■.; : r 

President Bouteflika then called, on the' '. Assembly 
to vote on ;the Syrian amendment by roll-p^ll vote as reques- 
ted c The United Arab Emirates, having been.drawn by lot by 
the President, was called upon to vote first. The following 
is the result: 

^ In favor s ^United Republic. o£ Cameroon, United .^public qf . 
; Tanzania, Upper ¥olta, Yemen, Yqgpslavia, Saire,^ 
Zambia, Afghanistan, Albania,- Algeria,. Bhutan, -^ 
Bulgaria, Burundi, Byelorussian Soviet Socialist 
Republic, Central African Republic, Chad, China, 
Congo, Cuba, Czechoslovakia, Dahomey, Democratic 
Yemen, Equatorial Quinea,. Gambia, German Democra- 
tic Republic, Ghana, Guinea, Guinea-Bissau, Guyana, 
India, Iraq, Kuwait, Libyan Arab Republic, Madagas- 
car , Mali , Malta , Mauritania , Mauritius , Mongolia, 
v> [r : -Nepal, Niger, .Pakistan, Poland, Romania, Senegal, 
y •; jr. ?. /* Sierra Leone , Somalia , Sudan , Syrian Arab Republic , 
Togo, Uganda, Ukrainian Soviet Socialist, Republic, 
: ; Union of Soviet Socialist Republics ° Vi 

Against : United Kingdom of Great Britain and Northern Ireland, 
~ o -United. States of America, Uruguay* Venezuela, 
,;l + x Argentina , Australia , Austria , Bahamas , Barbados , 

Belgium, Bolivia, Brazil, Canada, Chil$, Colombia, 
Costa Rica, Denmark, Dominican Republic, Ecuador, 
El Salvador, Fiji, Germany (Federal Republic of), 
.z ., ,;Greec^j Grenada, Guatemala, Haiti, Honduras, Iceland, 
Indonesia, Iran, Ireland,^ Israel, Itai^* iydry Coast, 
Japan,; -Jordan, Ken^a, Khi?er Republic* . tesothB,^ : 
> .Liberia, Luxembourg, Malawi, Malaysia^ Mexico, \ 
: . r,j Netherlands, Hew Zealand, Nicaragua, Norway, , Oman, 
Panama, Paraguay, Philippines, Portugal, Qatair^ 
Rwanda, Saudi Arabia, Singapore, Spain, Swaziland, 
, P . ; i Thai iajnd, Turkey, v ri 

Abstaining % United Arab Emirates, Bahrain, Bangladesh, Botswana, 
Burma, Cyprus, Ethiopia, Finland, France, Jamaica, 



- 19 - 



M$?\ Lebanon, Morocco, Nigeria, 1 Peru, Sri Lanka, 
Sweden, Trinidad and Tobago, Tunisia. 

19 a L oleu ' ^ amendment was rejected by 61 votes to 53. with 



r-=K ™ ■.|' G ^r ( r,9.vntries'were absent during the vote: Eqypt, 
Gabon Hungary and; ¥ aldives„,..A-ter the vote, Hungary infor^ 
n? d < Hj e c Sec - eta rxat that it r had intended to vote in favour 

of the Syrian, amendment. :;.:,., ,, 

^ ^ President Bouteflika then called on the Assembly 

to yo,e on -che draft resolution* presented orally by the 
Cnaxrman of the Credentials Consnittee. 

™n-h 4i ^i S? e ? raft resoluti o " ^as adopted by 85 votes to 6, 
Hll^^bstentiojis The drat t resol ution became General — 
Assembly resolutxOn 3323 (XXIX). 

the rost r uKo Spfag\hei?'vo£s?' ^ "* EhUtM tTOk 

HilS T Xgggg s ™ E CteDEHrJalS 0F •- ™ " MB T.T AND 

E - E - Kelani expressed reservations on the creden- 
tials of Israel which occupied Arab territories and usurped 
rthe rights of the Palestinian people.; 

ISRAEL; "THE PRINCIPLE OF UNIVERSALITY ''' ' '"" ' 

'wU i' : - H,E ° ? oel Ba rromi,pf Israel explained that Israel 
voted agaxnst the Syrxan amendment "on the basis of, amona 
other reasons, the principle of universality in the United 
nations, to which Israel has consistently adhered. " 

4-^ «A- B ?£ en he . made a ."clarification" on what he called 
the diatribe against Israel" made by Syria. 

BHUTAN; ABSTENTION B ECAUSE ' OF "REJECTION OF SYRIAN AMENDMENT 

roilW^ ^ T L ie ^ el 1 g f te ^ OI « Bfean, M r . Dago Tshering ex- 
plaxnea that hxs delegation abstained in the vote because 
the Syrxan amendment had been rejected .by the Assembly, but 
Bhutan supports the credentials. r 6f other delegations. . , 

,. : Thus, the General,. As senibly's .consideration of 
agenda xtem 3 was concluded. \ 



* 



Tkz GzneAat A&tzmbly, 

Approve,* the. Szcond Rzpofit o{ tkz CnzdzntiaU CommUtzz. 



DO C U M E N. T U.N. Document A/8160 

November ll, 19 70 



Scope of "credentials "in rule 27 of the 
rules of procedure of the General Assem- 
bly t statement by the JLegal Counsel sub-,, 
mitted to the President of the General 

Assembly at his request 
**************************************** 



- EXCERPT - 



I*: : The rules;: of procedure of the General Assembly 
do not contain a definition of credentials. Rule 27, how- 
ever, provides: 

The credentials of representatives and the... 
names of members of a delegation shall be submit- 
ted to the Secretary-General, if possible npt less .,■•-•. 
than one week before the date fixed for the open- ;■ 
ing of the session. The credentials shall be is- 
sued either by : the Head of the State or Government 
or by the Minister. for Foreign Affairs. 

2. From this rule one may derive three essential 
elements with respect to credentials to the General Assembly: 

a) y Credentials" designate the representatives 

of the Member State to the General Assembly; 

b) : They are to be submitted to the Secretary- 

General } and 

c) They are to be issued by the Head of the 
State or Government or by the Minister for " 
Foreign Affairs. 

3. Thus credentials for the General Assembly 
may be defined as a document issued by the Head of State or 
Government or by the Minister for Foreign Affairs of a 
State Ilember of the United Nations submitted to the Secre- 
tary-General designating the persons entitled to represent 
that Member at a given session of the General Assembly. 
Unlike the acceptance of credentials in bilateral relations, 
the question of recognition of a Government of a Member 
State is not involved....